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No she can't. If her ex is a good man and a good father when he has visitation rights then she has no right to tear the child away from him. He can fight it in a court of law. Before one acts out of haste they should consider the child and what their feelings are. They may not understand the total issue, but they do know who their mother and father are and that's all they need to know. The two of you should put the child first and each other second.

These are only reasons why the father should no longer have further contact with his child:

  • Sexual abuse
  • Not turning up when he is suppose to take the child or visit the child leaving the child feeling alone and depressed
  • The father hangs around with a bad gang or bad friends
  • If the father does drugs and can't be clean enough when he comes to visit his child.
  • If the father is an alcoholic and can't come to visit the child when sober
I agree with the above but want to add that if you for some reason do not want your child then you should not have sole custody. Just because you do not want her does not mean you should be so ignorantly spiteful and selfish as to keep her from the father - give her to the father then you won't have the issue of having her anymore. You should not punish or blame the child for any issues you have with the father - that has nothing to do with her. You don't deserve to have a child with attitude such as this.
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8y ago
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Wiki User

11y ago

No, nor should he.

The father must obey the visitation order or he will be in contempt of a court order. Continued contempt can result in the loss of primary custody.

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12y ago

Probably not. You should consult the custody order for details.

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6y ago

No that is kidnapping and against court orders

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Q: If the mother of a child has sole custody and the father has visitation rights can she give the child away to someone else besides the father without the fathers consent?
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Related questions

Can you change your child's surname without the consent of the farther if they have contact?

You indicate they have "Contact", but what is the status of Custody? If the Father has visitation, partial or shared custody, legal& or physical....No, you cannot change the Surname of the child without the Fathers explicit consent!!


Can a unmarried mother take a child from Ireland to England without the fathers consent if he has primary custody?

If he has primary custody or even visitation rights, you cannot take his child far enough away that he cannot readily exercise his custody/visitation rights unless he gives you permission to do so.


Can you take your children to Australia without fathers consent?

If there are court orders regarding visitation and child support and custody, you will need his and the courts consent. The court orders have to be followed.See related question link.


Can the biological father of your daughter whom she does not know seek visitation or custody only if you file for divorce from the mother?

yes biological fathers may seek visitation and custody rights


Can a mother take her children out of California to live in Oregon without the fathers consent?

You will need his and the courts permission to take the child away if there is a court order for visitation or custody. The court order has to be followed.


What happens to mothers who block fathers visitation in California?

They can be held in contempt which is grounds for a change of custody.


How hard would it be for a fathers visitation rights to be taken away if he smokes marijuana while the child is in his custody?

Why take it away? That is just as damaging. Request supervised visitation.


What are an unwed fathers rights to his child?

Until paternity is established the birth mother is considered to hold sole custody of a minor child. For a father to have custodial or visitation rights it must be agreed on by the mother of the child or through the prescribed court procedures by means of a lawsuit.


Can a 17 year old live with her fathers ex girlfriend?

Only with the consent of whoever has custody of you.


Can a divorced woman take a 8 years old child out of state without fathers consent?

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Is it illegal for a mother and her child to live in a different city then the father?

If there is a custody agreement in place through the courts, the mother cannot take the child out of state without the fathers consent. If there is no agreement in place, the mother does not have to have the fathers consent.


If you moved out of the state with both of your kids can their fathers do anything if they do not have custody?

Only if the court papers served to both of you indicate this. If the courts have left you with full custody and no visitation rights for the father then you can move anywhere you want. Marcy